Student Handout in Technical English 2 (Legal Forms)
CDI 8 – TECHNICAL ENGLISH 2
(LEGAL FORMS)
AFFIDAVIT
WHAT IS AN AFFIDAVIT?
An Affidavit is a formal written statement of facts voluntarily made by an affiant under an oath or
a public official such as the notary public or a person authorized to do so. It will be used to prove the
truthfulness of a certain statement in court.
6 STEPS TO WRITE AN AFFIDAVIT
Because this is a legal document, there is a right way to write an affidavit. Most affidavits can be
completed by any person but they must be notarized before they are considered valid. Below is the
basic six-step process you’ll need to take to complete your affidavit.
1. Title of the Affidavit
First, you’ll need to title your affidavit. The title of your affidavit just needs to tell the person
reading it what your sworn statement is going to be about. Include both your name and the topic
of the affidavit.
2. Craft a statement of identity
The very next section of your affidavit is what’s known as a statement of identity. This is
where you’ll include your personal information including your name, age, occupation, place of
residence, and any other information relevant to the situation or case.
3. Write a statement of truth
This section of your affidavit is used to swear that your telling of the facts is accurate to
the best of your knowledge. A statement of truth is the equivalent of swearing under oath in a
courtroom.
4. State the facts
Once you have all of that out of the way, it’s time to state the facts. This section of the
affidavit will likely be the longest. There is no certain length this section should be, it’s just
important that it includes all the accurate information.
Instructor: SHERWIN H. PINALGAN, LPT, JD Mobile Number: +63 919 002 7591
Facebook Account: [Link]/sherwinhpinalgan Email Address: shpinalgan14@[Link]
Student Handout in Technical English 2 (Legal Forms)
5. Reiterate your statement of truth
Once you’ve recounted all the facts, you’ll close everything out with another statement of
truth. All you need to include is a quick summary that everything you've outlined above is true to
the best of your knowledge.
6. Sign and notarize
The final step in completing your affidavit is signing it and having it notarized. You can
complete most of your affidavit before having it notarized and witnessed, but don’t sign it until
you’re in the presence of a licensed witness or notary. This part must be completed in the
presence of a witness.
THE BASIC FORM FOR AN AFFIDAVIT HAS FOUR PARTS:
1. A statement that the affiant is swearing under oath to the truthfulness of the information
contained in the affidavit.
2. The information that is being sworn to.
3. The signature of the affiant.
4. The attestation of a notary public or other official authorized to administer oaths.
WHY ARE AFFIDAVITS IMPORTANT?
The facts which you depend on your case can be introduced by affidavits, i.e the evidence of the
case. Oral evidence is only allowed with the Judge’s authorization so you need to produce your affidavits
carefully.
WHEN DO YOU FILE AN AFFIDAVIT?
With an interim application, it is needed to file an affidavit with the court or otherwise when
directed by the court. The court has affidavit kits for applicants and respondents which include a blank
affidavit form.
WHAT CAN YOU SAY IN AN AFFIDAVIT?
The statement of facts is called the affidavit. So, the statement should make observations without
color or comments. Generally, the affidavit should not set out the judgement of the person making the
affidavit. The length of affidavits depends on the complexity of the case. The affidavit need not to be
lengthy, but can’t leave out any relevant information as you may not get a chance to add it in later.
Instructor: SHERWIN H. PINALGAN, LPT, JD Mobile Number: +63 919 002 7591
Facebook Account: [Link]/sherwinhpinalgan Email Address: shpinalgan14@[Link]
Student Handout in Technical English 2 (Legal Forms)
CAN YOU PREPARE YOUR OWN AFFIDAVIT?
It is possible to prepare an affidavit by a person him/her self if he required. But it is not easy. The
following steps should consider for preparing affidavits.
1. Insert a case caption and title your statement.
2. Write the state and county, and identify the affiant.
3. Include relevant personal information.
4. Write a statement of truth and spell out the oath.
5. State the facts in a numbered list.
6. Create a signature block for the affiant and another for a court clerk or notary.
WHAT DOES AN AFFIDAVIT LOOK LIKE?
The affidavit should be printed or typed only one side of the paper. The content should be divided
as numbered paragraph. The content is divided into different sections under the headlines.
WHAT SHOULD NOT BE INCLUDED IN AN AFFIDAVIT?
Affidavits prepared based on facts, does not depend on the person’s belief or views. The
exception is where the person is giving evidence as an expert;
For example, a psychologist or licensed valuer. Where you should avoid referring to facts that
are based on information received from others. There are, however, a number of exceptions to the
hearsay rule. If you need to rely on hearsay evidence in your affidavit, get legal advice to see whether it
would be allowed in court. You should not refer to anything said or documents produced in connection
with an attempt to negotiate a settlement of your dispute, as these are not admissible as evidence in
Court.
ATTACHING DOCUMENTS TO AN AFFIDAVIT?
Regularly an affidavit refers to other documents and it is helpful to attach a document to the
affidavit. The document is then known as an Annexure. Give number to each page of the document and
if more than one document is attached refer to each by numbers. Each Annexure must have a statement
signed by the authorized person recognize the Annexure as the document referred to in the affidavit.
The person who is preparing the affidavit needs to sign the bottom of each page of the affidavit
in the presence of an authorized person such as a lawyer or Justice of the Peace.
On the last page of the affidavit the following details must be set out:
1. The full name of the person making the affidavit, and their signature
Instructor: SHERWIN H. PINALGAN, LPT, JD Mobile Number: +63 919 002 7591
Facebook Account: [Link]/sherwinhpinalgan Email Address: shpinalgan14@[Link]
Student Handout in Technical English 2 (Legal Forms)
2. The day and place the person signs the affidavit
3. The full name and occupation of the authorized person, and their signature.
LEGAL CONSEQUENCES OF FALSE AND UNTRUTHFUL FACTS IN AN AFFIDAVIT
Lying under oath is punishable under the Revised Penal Code of the Philippines as the crime of
Perjury. The crime of perjury is committed by any person who shall knowingly make untruthful
statements or make an affidavit, upon any material matter and required by law. It is punishable by
imprisonment of up to 2 years and four months.
LAW PUNISHING THE CRIME OF PERJURY
Specifically, Article 183 of the Revised Penal Code defines and penalizes the crime of Perjury,
as follow:
“Art. 183. False testimony in other cases and perjury in solemn affirmation. – The penalty of
arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed
upon any person who, knowingly make untruthful statements and not being included in the provisions
of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter
before a competent person authorized to administer an oath in cases in which the law so requires.”
ELEMENTS OF THE CRIME OF PERJURY
1. The accused made a statement under oath or executed an affidavit upon a material matter;
2. The statement or affidavit was made before a competent officer authorized to receive and
administer oaths;
3. In the statement or affidavit, the accused made a willful and deliberate assertion of a
falsehood; and
4. The sworn statement containing the falsity is required by law or for a legal purpose.”
(Reyes, Luis B., The Revised Penal Code Book II, p. 272, 1998 Ed.)
Instructor: SHERWIN H. PINALGAN, LPT, JD Mobile Number: +63 919 002 7591
Facebook Account: [Link]/sherwinhpinalgan Email Address: shpinalgan14@[Link]
